Troops in our armed forces are forced to spend a large amount of time away from their families. During this time, people change. Some soldiers or their spouses decide that it might be time to end a marriage. For servicemembers or spouses of servicemembers that are deployed, there are unique challenges to obtaining a divorce. If the couple has children, the situation can be even more complicated.
Divorce & Jurisdiction
According to the Department of Defense, over 27,000 military couples divorced in 2009. With these numbers showing that the divorce rate is continuing to climb, many soldiers find out about their impending divorce while serving overseas. Not only do they need to worry about their safety in war zones, but they will also have to worry about what is happening in the courts back home.
Perhaps the most difficult aspect for soldiers and their spouses going through a divorce relates to jurisdiction. In basic terms, in order to get a divorce, the divorce must be filed in a state that has a connection with the servicemember or their spouse. For instance, if a servicemember that was stationed at one of the San Diego-area bases (Camp Pendleton, Coronado Naval Base or the 32nd Street Base) is deployed or reassigned, there will need to be some connection to California in order to initiate the divorce proceedings. If the soon to be ex-spouse remains in the area, either in off- or on-base housing, this could be enough to establish jurisdiction over the servicemember.
Child Custody & Support Concerns
For a soldier deployed halfway around the world, a child custody fight can be emotionally draining. Custody is always a challenging issue, in which the court will need to decide the best interests of the child. Servicemembers who try to do the divorce themselves using online forms can find themselves signing custody agreements that drastically reduce the amount of time they will be able to spend with their children.
For those who have a custody agreement in place before deployment or reassignment, the change in circumstances could be enough to warrant a modification of the agreement. Even though the courts have already decided custody concerns during the initial divorce proceeding, many soldiers that return home find that the child has become accustomed to a new way of life. Schools have changed, they have made new friends, spouses are reluctant to turn the child over and custody becomes an issue all over again.
In California, laws have been passed to protect soldiers who are deployed. If the military member had physical custody of the child, custody may have to go to the other parent while the servicemember is away. Custody agreements will be modified to allow the child's grandparents, stepfather or stepmother to have visitation while the servicemember is deployed. However, any modifications made to the custody decrees are considered temporary modifications, to be addressed when the soldier returns from a tour of duty.
Servicemembers will be required to provide child support when deployed. If they are sent to a war zone or have their pay adjusted due to the area they live, support obligations could increase. Also, soldiers deployed will not be able to spend as much time with their child as they normally would, which increases the expenses that the other parent will incur. Soldiers may have to provide compensation to allow the other parent to provide for their child.
Property Division
In most states, the key factors for property division will be the length of the marriage and the amount of assets that were accumulated during the marriage. The most important marital property asset for military members and their spouses that are going through a divorce is the military pension. The spouse of the military member will be entitled to a portion of the pension. The amount will depend upon the length of the marriage and other factors, including additional property to be divided as well as the location where the divorce is filed.
Military pension division is a very complicated aspect of the divorce proceeding. An experienced attorney familiar with military pensions, as well as combat or other types of hazard pay, can help explain how these assets will be divided. Additionally, depending upon the length of the marriage, spouses of the servicemember may be eligible for health care coverage or additional military benefits.
Helping Families Transition
Military families make tremendous sacrifices while serving our country. Deployments are being extended, and often, families do not get to spend nearly enough time together. When divorce becomes reality, servicemembers and their spouses will have to transition to an entirely different life. If you are considering divorce, contact an experienced attorney in your area to discuss your options.
